NECESSITY, FUNCTION,
AND CONFORMITY: KRS 224.10-100 requires the Environmental and Public Protection
Cabinet to prescribe administrative regulations for the prevention, abatement
and control of air pollution. 42 USC 7410 likewise requires the state to
implement standards for national primary and secondary ambient air quality.
This administrative regulation provides for the control of volatile organic
compound emissions from new factory surface coating operations of flat wood paneling.

Section 1.
Definitions. As used in this administrative regulation, all terms not defined
in this section shall have the meaning given to them in 401 KAR 59:001.

(h) For the purposes
of determining compliance with this administrative regulation, if equipment or
an operation is considered to be a part of more than one (1) coating line, its
VOC emissions shall be assigned to each coating line of which it is a part
proportionally to the throughput of VOC it receives from or distributes to each
coating line;

(i) If a portion of
the series of equipment or operations qualifies for an exemption according to
Section 6 of this administrative regulation, then that portion shall be
considered to be a separate coating line;

(9) "Particle
board" means a manufactured board made of individual wood particles which
have been coated with a binder and formed into flat sheets by pressure. Thin
particle board has a thickness of one-fourth (1/4) inch or less.

(11)
"Hardboard" means a panel manufactured primarily from interfelted
lignocellulosic fibers which are consolidated under heat and pressure in a
hot-press.

(12) "Class II
hardboard paneling finishes" means finishes which meet the specifications
of Voluntary Product Standard PS-59-73, which has been incorporated by
reference in 401 KAR 50:015, as approved by the American National Standards
Institute.

(13)
"Classification date" means February 4, 1981.

(14) "VOCs net
input" means the total amount of VOCs input to the affected facility minus
the amount of VOCs that are not emitted into the atmosphere. VOCs that are
prevented from being emitted to the atmosphere by the use of control devices
shall not be subtracted from the total for the purposes of determining VOCs net
input. If the nature of an operation or a design of equipment permits more than
one (1) interpretation of this definition, the interpretation that results in
the minimum value for allowable emissions shall apply.

(a) Each affected
facility commenced on or after the classification date defined in Section 1 of
this administrative regulation and located in a county or a portion of a county
designated as nonattainment for ozone in 401 KAR 51:010, for any classification
except marginal; and

(b) Each affected
facility commenced on or after the effective date of this administrative
regulation which is part of a major source located in a county or portion of a
county designated attainment or marginal nonattainment for ozone in 401 KAR
51:010.

(2) Each affected
facility commenced on or after the classification date defined in Section 1 of
this administrative regulation but prior to the effective date of this
administrative regulation which is a part of a major source located in a county
or portion of a county designated attainment or marginally nonattainment for
ozone in 401 KAR 51:010 shall be exempt from this administrative regulation
except that control devices and procedures required at the time it commenced
shall continue to be operated and maintained.

Section 3. Standard
for VOCs. No person shall cause, allow, or permit an affected facility to
discharge into the atmosphere more than fifteen (15) percent by weight of the
VOCs net input into the affected facility.

Section 4.
Compliance. (1) In all cases the design of a control system is subject to approval
by the cabinet.

(2) Compliance with
the standard in Section 3 of this administrative regulation shall be
demonstrated by a material balance unless the cabinet determines that a
material balance is not possible. If a material balance is not possible,
compliance shall be determined based upon an engineering analysis by the
cabinet of: the control system design, control device efficiency, control
system capture efficiency, and other factors that could influence the
performance of the system. If requested by the cabinet, performance tests
specified by the cabinet shall be conducted to determine the efficiency of the
control device. Capture efficiency shall be determined by procedures specified
in 401 KAR 50:047 in all ozone nonattainment areas except marginal.

(3) With the prior
approval of the cabinet, the owner or operator may elect to effect all changes
necessary to qualify for an exemption under Section 6 of this administrative
regulation.

(4) If deemed
necessary by the cabinet, the cabinet shall obtain samples of the coatings used
at an affected facility to verify that the coatings meet the requirements in
Section 6 of this administrative regulation. Appendix A to 40 CFR 60, Method
24, which has been incorporated by reference in 401 KAR 50:015, shall be used
as applicable to determine compliance of the coatings unless the cabinet determines
that other methods would be more appropriate. Case-by-case alternatives approved
by the cabinet, but not previously authorized by the U.S. EPA, shall be
submitted to the U.S. EPA as a SIP revision.

(5) Compliance on
one (1) coating line with VOC emission limits shall be based on an averaging
period not to exceed twenty-four (24) hours. If it is not economically or
technically feasible to determine emissions on a daily basis, alternatives
expressing emission limits for longer averaging times may be accepted if
approved by the cabinet. Case-by-case alternatives approved by the cabinet, but
not previously authorized by the U.S. EPA, shall be submitted to the U.S. EPA as
a SIP revision.

(6) The amount of
exempt solvents shall be subtracted from the amount of coatings, just like
water, with the ultimate value of interest being the mass of VOC per unit
volume of coating less exempt solvent or water or both.

(7) Calculations to
determine equivalency on one (1) coating line shall be based on mass of VOC per
volume of solids.

(8) Daily records
shall be maintained by the source for the most recent two (2) year period.
These records shall be made available to the cabinet or the U.S. EPA upon
request. The records shall include, but not be limited to, the following:

(a) Applicable
administrative regulation number;

(b) Application
method and substrate type;

(c) Amount and type
of adhesive, coating (including catalyst and reducer for multicomponent
coatings), or solvent used at each point of application, including exempt
compounds;

(d) The VOC content
as applied in each adhesive, coating, or solvent;

(e) The date for
each application of adhesive, coating, or solvent;

(f) The amount of
surface preparation, cleanup, or washup solvent (including exempt compounds)
used and the VOC content of each; and

(g) Oven
temperature, if applicable.

Section 5.
Compliance Timetable. (1) Affected facilities which were subject to this administrative
regulation as in effect on February 4, 1981, shall have achieved final
compliance upon start-up.

(2) The owner or
operator of an affected facility that, on or after the effective date of this
administrative regulation, becomes subject to this administrative regulation
for a reason other than construction, modification, or reconstruction shall be
required to complete the following:

(a) Submit a final
control plan for achieving compliance with this administrative regulation no
later than nine (9) months after the date the affected facility becomes subject
to this administrative regulation.

(b) Award a contract
for the control system or for the exempt coatings and any accompanying process
change no later than eleven (11) months after the date the affected facility
becomes subject to this administrative regulation.

(c) Initiate on-site
construction or installation of emission control equipment or process changes
for exempt coatings no later than thirteen (13) months after the date the
affected facility becomes subject to this administrative regulation.

(d) On-site
construction or installation of emission control equipment or process changes
for exempt coatings shall be completed no later than seventeen (17) months
after the date the affected facility becomes subject to this administrative
regulation.

(e) Final compliance
shall be achieved no later than eighteen (18) months after the date the
affected facility becomes subject to this administrative regulation.

(f) If an affected
facility becomes subject to this administrative regulation because it is
located in a county previously designated nonurban nonattainment or
redesignated in 401 KAR 51:010 after November 15, 1990, final compliance may be
extended to May 31, 1995, and the schedule in paragraphs (a) through (d) of
this subsection adjusted by the cabinet.

Section 6.
Exemptions. (1) An affected facility shall be exempt from Section 3 of this
administrative regulation if the total VOC content of all the coatings applied
to a specific area of finished paneling product is:

(a) Less than two
and nine-tenths (2.9) kg of VOCs per 100 sq. m. of coated surface (six (6.0)
lb/1,000 sq. ft.) for printed interior wall panels made of hardwood plywood and
thin particle board;

(b) Less than five
and eight-tenths (5.8) kg of VOCs per 100 sq. m. of coated surface (twelve
(12.0) lb/1,000 sq. ft.) for natural finish hardwood plywood panels; or

(c) Less than four
and eight-tenths (4.8) kg of VOCs per 100 sq. m. of coated surface (ten (10.0)
lb/1,000 sq. ft.) for Class II finishes for hardboard paneling.

(2) Low-use coatings
shall be exempt from Section 3 of this administrative regulation if the
plantwide consumption of these coatings in the aggregate is less than or equal
to fifty-five (55) gallons during the previous twelve (12) months.

(3) An affected
facility shall be exempt from this administrative regulation if the total VOC
emissions from all affected facilities subject to this administrative
regulation are less than or equal to: